Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Stewart v. Martel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 19, 2010

CHRISTOPHER ANDREW STEWART, PETITIONER,
v.
M. MARTEL, ET AL., RESPONDENTS.

ORDER

Petitioner, a state prisoner proceeding without counsel, has filed a notice of appeal of this court's dismissal of his application for a writ of habeas corpus, and thus moves for a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing, or state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).

This court properly dismissed as time-barred the instant petition for writ of habeas corpus. Petitioner failed to establish either extraordinary circumstances or due diligence warranting equitable tolling for the subject eleven-year period. See Magistrate Judge's Findings and Recommendations, filed February 19, 2010 (Docket No. 18), and Order Adopting Findings and Recommendations, filed March 16, 2010 (Docket No. 20). Petitioner has therefore not made a substantial showing of the denial of a constitutional right.

Accordingly, a certificate of appealability shall not issue.

SO ORDERED.

20100419

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.